ROSS v. BURGAN.

No. 34153.

163 Ohio St. 211 (1955)

ROSS, APPELLEE, v. BURGAN, APPELLANT.

Supreme Court of Ohio.

Decided April 20, 1955.


Attorney(s) appearing for the Case

Mr. Lawrence E. Appleton, for appellee.

Messrs. Buckingham, Doolittle & Burroughs, Mr. Herman E. Rabe and Mr. Richard A. Chenoweth, for appellant.


ZIMMERMAN, J.

The single question for decision by this court is whether the Court of Appeals correctly held that the issue of contributory negligence on the part of plaintiff should not have been submitted to the jury, in the absence of evidence showing or tending to show that she herself was negligent.

In deciding the matter the Court of Appeals limited its decision to a factual situation wherein a husband was...

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